HomeMy WebLinkAbout02-01-1993 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
FEBRUARY 1, 1993
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Pro Tem
Maudsley at 8:31 a.m., Monday, February 1, 1993, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Pro Tem Maudsley; Council Members
Reilly, Hernandez, Maudsley, Minor, Miller; Deputy City Attorney
Simmons; city Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-
Ludlam.
Deputy City Attorney Simmons announced that the following
additional cases would be discussed in closed session:
Harris vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 245981;
Castro vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 245222;
RECESS MEETING - CLOSED SESSION
At 8:31 a.m. the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
a. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(b) (1), as there is significant exposure to
litigation;
b.
based on existing facts
below, the city Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
Section 54956.9(b) (2);
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c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
section
decide
d. to consider personnel matters pursuant to Government
Code section 54957;
e. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuant to Government Code section
54957;
f. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at
The identity of each
person with whom negotiations are authorized is:
;
g. to meet with an applicant for a City license and the
applicant's attorney pursuant to Government Code
section 54956.7;
h. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code section
54957;
i. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the city is a party to pursuant to Government Code
section 54956.9(a) as follows:
Stubblef ield Construction Comoanv. et al vs. ci tv of San
Bernardino. et al - San Bernardino superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
citv of San Bernardino vs. Libertv Cable T.V.. et al-
united States District Court Case No. 82-6876 WMB;
city of San Bernardino vs. Count v of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
Tomas Armendariz. et al vs. James F. Penman. et al. - united
States District Court Case No. 91-5757;
Guardian Bank vs. James F. Penman. et al - United States
District Court Case No. 92-4415 WDK (Ex);
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Guardian Bank vs. James F. Penman. et al - San Bernardino
County Superior Court Case No. 272631;
citv of San Bernardino vs. Chambers Cable - San Bernardino
Superior Court Case No. 264793;
Tomas Armendariz. et al vs. James F. Penman. et al - San
Bernardino Trial Court Case No. 271093;
Julie M. Thompson vs. citv of San Bernardino. et al - United
States District Court No. SA CV-92-888 GT (RWRx);
Gonzales vs. citv of San Bernardino
Superior Court Case No. 264903;
San Bernardino
DeCarvalho vs. Huntoon/citv
Court Case No. 268323;
San Bernardino Superior
CLOSED SESSION
At 8:31 a.m., Mayor Pro Tem Maudsley called the closed
session to order in the conference room of the Council Chambers
of City Hall, 300 North liD" street, San Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
fOllowing being present: Mayor Pro Tem Maudsley; Council Members
Reilly, Hernandez, Maudsley, Minor, Miller; Deputy city Attorney
Simmons, City Clerk Rachel Clark, city Administrator Shauna
Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-
Ludlam.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas while the Council was in
closed session.
CITY ATTORNEY PENMAN ARRIVED
At 8:35 a.m., City Attorney Penman arrived at the closed
session.
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
Villa vs. Conner/City of San Bernardino - San Bernardino
Superior Court Case No. 262494.
Yousef Samano et al vs. Daniel Robbins. Shauna Clark. et al
- united States District Court Case No. 930448.
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SENIOR ASSISTANT CITY ATTORNEY MORILLO & ADMINISTRATIVE
OPERATIONS SUPERVISOR SCROGGIN ARRIVED
At 8:35 a.m" Senior Assistant city Attorney Morillo
Margaret Scroggin, Administrative Operations supervisor,
Attorney's Office, arrived at the closed session.
and
City
MAYOR HOLCOMB ARRIVED
At 8:40 a.m., Mayor Holcomb arrived at the closed session.
COUNCIL MEMBER ESTRADA & CHIEF OF POLICE ROBBINS
ARRIVED
At 8:44 a.m., Council Member Estrada and Police Chief
Robbins arrived at the closed session.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 8:44 a.m., Deputy City Attorney Simmons, left the closed
session.
CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY
MORILLO & POLICE CHIEF ROBBINS EXCUSED
At 9:08 a.m., City Attorney Penman, Senior Assistant City
Attorney Morillo and Police Chief Robbins left the closed
session.
ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED
At 9:09 a.m., Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office, left the closed session.
ADJOURN CLOSED SESSION
At 9: 10 a. m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9: 31 a. m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the council Chambers of City Hall, 300 North liD" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, city Clerk Rachel Clark, city Administrator
Shauna Clark. Absent: None.
INVOCATION
The invocation was given by Reverend Barnabas Laubach, Saint
Bernardine's Medical Center.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Pope-
Ludlam.
ANNOUNCEMENT - CITY CLERK CLARK - SAMPLE BALLOTS (2)
City Clerk Rachel Clark stated that sample ballots for the
March 2nd Primary Election would be mailed this week.
ANNOUNCEMENT COUNCIL MEMBERS ESTRADA &
BASELINE BUSINESS OWNERS
REILLY
(2)
Council Members Estrada
business owners on Base Line
efforts of the past week.
and
and
Reilly congrat~lated the
recognized their cleaning
PROCLAMATION - CATHOLIC SCHOOLS WEEK - FEBRUARY 1-5,
1993 (4)
Ernie Wilson, Affirmative Action Officer, read a
proclamation declaring the week of February 1-5, 1993, as
Catholic Schools Week, in recognition of excellent educational
services provided to the community.
Mr. Tom Heding, Superintendent of Schools, Diocese of San
Bernardino; sister Maura Redington, Our Lady of Assumption
School; Mrs. Millie Fisher, Saint Anne's School; sister Susan
DeGuide, Saint Anthony'S School; Mrs. Irene Griffis, Holy Rosary
School and Mr. Ken Johnson, Aquinas High School, accepted the
proclamation.
COUNCIL MEMBER ESTRADA EXCUSED
At 9:36 a.m., Council Member Estrada left the council
meeting.
PUBLIC COMMENTS - MAYOR HOLCOMB
(3)
Mayor Holcomb stated that public comments must be within
the jurisdiction of the Mayor and Council in order to maintain
the orderly conduct of business within the City.
PUBLIC COMMENTS - MR. JAMES ROE
(3)
James Roe, 325 W. sixth Street, San Bernardino, CA,
distributed a letter addressing issues relating to the Empire Bay
Development. Mr. Roe stated that he has sold several pieces of
property to Empire Bay; however, Empire Bay was now delinquent on
their loans and he is at risk of losing his good credit rating.
Council Member Hernandez made a motion, seconded by Council
Member Miller, that Mr. Roe be allowed to continue his comments
relative to Empire Bay Development. (Note: There was no vote
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taken at this time.)
Mr. Roe requested that his concerns be addressed in writing
and that an audit be conducted on all projects authorizing use of
Redevelopment funds.
PUBLIC COMMENTS - MR. ROGER DUMAS
(3)
Roger G. Dumas, a resident of San Bernardino, CA, expressed
concern relative to crime and violence within the City.
PUBLIC COMMENTS - MR. JEFF WRIGHT
(3)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
concern relative to businesses leaving the city.
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental
and Community Development Commission agendas, be waived.
COUNCIL MINUTES
(6)
Council minutes were not available for distribution;
therefore, item six was deleted.
AUTHORIZE OUT-OF-STATE TRAVEL FEBRUARY 3-7, 1993-
AUDREE TAYLOR, PARKS, RECREATION & COMMUNITY SERVICES
- NATIONAL RECREATION & PARKS MID-YEAR CONGRESS (7)
In a memorandum dated January 22, 1993, Annie F. Ramos,
Director of Parks, Recreation & Community Services, stated that
Senior Recreation Supervisor Audree V. Jones-Taylor requested to
attend the Mid-Year Congress for National Recreation Parks
Association in Washington, D.C. on February 3-7, 1993. Ms.
Taylor would be representing the City on behalf of the Multi-
Cultural Task Force of California Parks and Recreation and the
Ethnic Minority Society of National Recreation Parks Association.
Both organizations assist in setting trends and providing
professional guidance in the field of recreation as it pertains
to equal standards of service, youth at risk and cultural
diversity. Ms. Taylor has agreed to cover the entire cost of the
trip.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that authorization for
out-of-state travel for Audree Taylor to attend the National
Recreation and Parks Mid-Year Congress in Washington, D.C. on
February 3-7, 1993, be approved.
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AUTHORIZE APPLICATION - DOMESTIC VOLUNTEER SERVICE ACT
"PROGRAMS OF NATIONAL SIGNIFICANCE" - $15,000 - CITY
SENIOR COMPANION PROGRAM (8)
In a memorandum dated January 22, 1993, Annie F. Ramos,
Director of Parks, Recreation & community Services, stated that
the City has been informed of additional national funds made
available for the Senior Companion Program for implementation of
section 255 "Program of National Significance" through the
Domestic Volunteer Act.
The city Senior Companion Program wishes to make a request
to the federal agency ACTION to fund its proposed program "Care
to Developmentally Disabled Adults." This program would provide
personal services to handicapped, frail and elderly persons in
special facilities and in private homes.
Four volunteer senior companions would be trained to work
with developmentally disabled adults, two of which would be
assigned to the Department of Mental Health's Continuing Care
program. companion activities would include assisting adults,
enhancing participants' self-esteem, being role-models,
encouraging participation in new activities and building
friendships. Training would be provided by the School District
and Department of Mental Health staff.
The other two senior companions
vista Sanitarium. Activities would
and crafts projects, stimulating
residents on field trips, etc.
provided by the facility's staff.
would be assigned to Sierra
include assisting with arts
conversation, accompanying
Special training would be
Each companion would provide 20 hours of service per week
and would attend on-going in-service training four hours each
month. These four companions would increase the program's
service by 4,176 hours annually and would provide at least
sixteen additional adults with personal service. Total funding
for the Program of National Significance would be $17,852;
$15,000 from ACTION and $2,852 from local donations and the
Senior companion Program Trust Fund. No city funds would be
required.
council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the Director of
Parks, Recreation & Community Services be authorized to apply for
a $15,000 grant under the provisions of the Domestic Volunteer
Act's "Program of National Significance" grant program for
administration through the City Senior Companion Program.
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CLAIMS AND PAYROLL
(9)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated January 27, 1993, from the Director of Finance,
be approved.
PERSONNEL ACTIONS
(10)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated January 20, 1993,
in accordance with civil Service Rules and Personnel Policies
adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified.
RES. 93-15 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING
THE SITE IDENTIFICATION AND DESCRIPTION FOR THE MID-
VALLEY/FONTANA SANITARY LANDFILL FACILITY (FACILITY
IDENTIFICATION # 36-AA-0055). ( 11)
RES. 93-16 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING
THE SITE IDENTIFICATION AND DESCRIPTION FOR THE SAN
TIMOTEO SANITARY LANDFILL FACILITY (FACILITY
IDENTIFICATION # 36-AA-0087). (12)
RES. 93-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SULLY-MILLER CONTRACTING COMPANY
FOR PLACEMENT OF ASPHALT CONCRETE ON CARNEGIE DRIVE AND
VANDERBILT WAY, BETWEEN HOSPITALITY LANE AND WATERMAN
AVENUE. (13)
RES. 93-18 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 2 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE WIDENING OF THE liE"
STREET BRIDGE OVER THE SANTA ANA RIVER. (16)
RES. 93-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 4 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE REHABILITATION OF
REDLANDS BOULEVARD, HUNTS LANE TO EAST CITY LIMITS.
(18)
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RES. 93-20 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 5 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE CONSTRUCTION OF ROUTE
1-10 RAMPS AT WATERMAN AVENUE. (19)
RES. 93-21 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 73 OF LOCAL AGENCY FEDERAL-
AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE INSTALLATION OF
GUARDRAIL ON PORTIONS OF LITTLE MOUNTAIN DRIVE, RANCHO
AVENUE, AND WATERMAN AVENUE. (20)
RES. 93-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A SEWER CONNECTION
AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT RELATIVE TO CONNECTION OF MUSCOY ELEMENTARY
SCHOOL TO THE CITY'S SEWAGE SYSTEM. ( 2 1)
RES. 93-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS
THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT
MACY STREET IS A THROUGH HIGHWAY FROM RIALTO AVENUE TO
MILL STREET. (22)
Council Member Miller made a motion, seconded by Council
Member Maudsley, that said resolutions be adopted.
Resolution Nos. 93-15, 93-16, 93-17, 93-18, 93-19, 93-20,
93-21, 93-22 and 93-23 were adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
RES. 93-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO
MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE
ANNEXATION OF THE TERRITORY GENERALLY LOCATED SOUTH OF
6TH STREET, WEST OF PEDLEY ROAD. (14)
Discussion ensued relative to the annexation of blighted,
undeveloped land.
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
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Resolution No. 93-24 was adopted by the
Ayes: Council Members Reilly, Maudsley, Minor,
Council Members Hernandez, Pope-Ludlam. Absent:
Estrada.
following vote:
Miller. Nays:
Council Member
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
OF SAN BERNARDINO DECLARING THAT THE CITY HAS
TO ANNEX THE COMMUNITY OF DEVORE.
THE CITY
NO PLANS
(15)
Discussion ensued regarding the possible annexation of the
community of Devore.
The question was asked whether the adoption of said
resolution commits future council members. City Attorney Penman
stated that future council members cannot be legally bound to any
specific action, and adoption of said resolution would only
reflect the intent of its current council members.
Mayor Holcomb indicated that the resolution was created to
alleviate the concerns from the citizens of Devore.
The resolution was not adopted due to the lack of a motion
to adopt said resolution.
RES. 93-25 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 3 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE IMPROVEMENT OF PALM
AVENUE, FROM CABLE CREEK TO VERDEMONT AVENUE. (17)
Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, asked
how the $100,000 would be allocated if the city received payment
from the State.
Discussion ensued relative to how funds can be utilized.
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 93-25 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(2)
City Clerk Rachel Clark announced that Council Member
Estrada had to leave the Council meeting in order to attend a
doctor's appointment.
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PUBLIC HEARING IMPOSING LIENS
UNCOLLECTED BUSINESS REGISTRATION FEES
ON PROPERTY-
(23)
This is the time and place set for a pUblic hearing to
consider imposing liens on real property located within the City
of San Bernardino for uncollected business registration fees.
In a memorandum dated January 11, 1993, City Clerk Rachel
Clark requested authori2:ation to impose liens on certain parcels
of property for uncollected business registration fees.
City Clerk Rachel Clark stated that payment has been
received for certain properties and the following addresses are
to be deleted from Exhibit "A" of said resolution: 334 West
Third Street, 234 North Arrowhead Avenue, 2518 West Base Line
street, 4280 Third Avenue, 4290 Third Avenue and 340 West Fourth
street.
Mayor Holcomb opened the hearing.
Kenneth E. Hagen, Esquire, 270 Laguna Road, suite 200,
Fullerton, CA, representing King Industrial Park owning property
located at 1050 East Cooley Avenue, San Bernardino, CA, requested
that the matter be continued to allow the representing attorney
time to prepare the statement of facts and law memorandum
applicable to said property.
RES. 93-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS REGISTRATION FEES. (23)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that the hearing be closed, and that said
resolution be adopted as amended by deleting the following
addresses: 334 West Third street, 234 North Arrowhead Avenue,
2518 West Base Line Street, 4280 Third Avenue, 4290 Third Avenue
and 340 West Fourth Street; and that the matter relating to
property located at 1050 N. Cooley Avenue be continued to March
22, 1993, in the Council Chambers of City Hall, 300 North "D"
street, San Bernardino, California.
Resolution No. 93-26 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor,
Miller. Nays: None. Abstain: Council Member Pope-Ludlam.
Absent: Council Member Estrada.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE
TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON
THIRTIETH STREET BETWEEN LITTLE MOUNTAIN DRIVE AND "H"
STREET. First (24)
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council Member Minor made a motion,
Member Hernandez, and unanimously carried,
laid over for final adoption.
seconded by Council
that said ordinance be
RELOCATION OF THE SOCIAL SECURITY BUILDING (Discussed
later in the meeting) (See page 20) (25 & R-12)
In a memorandum dated January 26, 1993, Council Member Ralph
Hernandez requested that discussion and possible action be taken
relative to the relocation of the social security building.
It was the consensus of the Council that the discussion and
possible action relative to the relocation of the social security
building be continued to the afternoon for discussion in the
closed session portion of the Community Development Commission
meeting.
LETTER FROM ROGER G. DUMAS REQUESTING THAT EIGHT (8)
ITEMS BE PLACED ON THE AGENDA (26)
In an undated letter, Roger G. Dumas, resident of San
Bernardino, requested that eight items relating to: 1) signs
posted by businesses, 2) Resolution No. 88-423, 3) catch basins
on Waterman Avenue, 4) catch basins on Highland Avenue, 5)
invocations, 6) grants, 7) trash collection and 8) computer
terminals, be placed on the agenda.
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the letter written by
Roger G. Dumas to have eight items placed on the agenda, be
referred to the Legislative Review Committee.
LETTER FROM JOHN STEVENS REGARDING PUBLIC
COMMUNITY ACCESS TELEVISION CHANNEL, KCSB-TV
ACCESS-
(27)
In a letter dated, January 13,
Pershing Avenue, San Bernardino, CA,
has had in the last eight months
community access television, KCSB-TV.
1993, John Stevens, 4097
stated the difficulties he
relative to public access
In a memorandum dated January 26, 1993, Frank Keller, Cable
Television Manager, provided a chronological history of events
which have taken place since he was appointed Cable Television
Manager, in response to Mr. Stevens' letter.
Phil Arvizo, Executive Assistant to the Council, Council
Office, requested that discussion and possible action relative to
Mr. Stevens' letter, be tabled.
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2/1/93
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that discussion and
possible action relative to correspondence received from John
stevens regarding the public access portion of the Community
Access Television Channel, KCSB-TV, be tabled.
WARD VALLEY LOW-LEVEL RADIOACTIVE WASTE DUMP (Discussed
later in the meeting) (See page 16) (28)
In a memorandum dated January 25, 1993, Council Member
Hernandez requested that discussion and possible action be taken
regarding the Ward Valley Low-Level Radioactive Waste Dump.
Mayor Holcomb expressed concern relative to the city taking
action against the proposed Ward Valley low-level radioactive
waste dump site because the city does not have jurisdiction over
this matter.
Concern was expressed relative to vehicles transporting low-
level nuclear waste travelling on interstate highways.
Mayor Holcomb stated that the only action that can be taken
is that similar to the City of Azusa, wherein the City of Azusa
opposed the development of the proposed waste site. Mayor
Holcomb stated that he would like to see discussion take place
hearing both sides of the issue; and if the item was heard today,
he believed this would not be the case. Mayor Holcomb limited
discussion to five minutes, with the stipulation that it be
within the jurisdiction of the Mayor and Common Council.
John stevens, 4097 Pershing Avenue, San Bernardino, CA,
expressed concern relative to the five-minute limitation. Mr.
stevens explained that individuals have travelled from great
distances to speak on this issue.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested
that the Council overrule the five-minute limitation.
Discussion ensued relative to the five-minute limitation.
Mayor Holcomb stated that because he has ruled that the Ward
Valley low-level radioactive waste dump is not within the
jurisdiction of the City, the five-minute limitation applies.
John Stevens stated that the development of the waste dump
effects the City because if a spillage is experienced on Cajon
Pass it will effect all city residents.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that the pUblic be allowed to speak
relative to the proposed Ward Valley low-level radioactive waste
dump site. (Note: No vote was taken at this time.)
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2/1/93
, ., Mayor Holcomb overruled the motion due to the fact that the
proposed low-level radioactive waste dump site does not fall
within the jurisdiction of the Mayor and Council.
Mayor Holcomb stated that he would allow the pUblic to speak
if it is within the jurisdiction of the Council. Mayor Holcomb
felt that the only option the Council had was to adopt a
resolution similar to that of the City of Azusa.
Ronald Van Fleeth, Sr., representing the Mojave Indian Tribe
in Ward Valley, appealed to the Council and requested the
adoption of a resolution opposing the development of the proposed
Ward Valley low level radioactive waste dump.
Mayor Holcomb recommended that the item relative to the
proposed Ward Valley low-level radioactive waste dump be referred
to the Legislative Review Committee to allow for both sides to be
heard, and that the Legislative Review Committee determine
whether the adoption of a resolution opposing the development of
the low-level radioactive waste dump site be recommended.
Council Member Hernandez made a motion, seconded by Council
Member Minor, that the proposed Ward Valley low-level radioactive
waste dump site be referred to the Legislative Review Committee,
and that a resolution similar to the one adopted by the City of
Azusa be considered.
The motion failed by the following vote:
Members Reilly, Hernandez, Minor. Nays:
Maudsley, Pope-Ludlam, Miller. Absent: Council
Ayes: Council
Council Members
Member Estrada.
Gloria Anderson, League of Women Voters of San Bernardino,
CA, distributed a publication entitled "Disposing of Low-Level
Radioactive Waste in California" for consideration by the
Legislative Review Committee in determining the City's position
relative to the proposed Ward Valley low-level radioactive waste
dump site.
council Member Maudsley changed his vote from nay to aye
with the understanding that the intent of the Legislative Review
Committee is to adopt a resolution similar to that of the City of
Azusa.
The motion carried by the following vote: Ayes: Council
Members Reilly, Hernandez, Maudsley, Minor. Nays: Council
Members Pope-Ludlam, Miller. Absent: Council Member Estrada.
Discussion ensued relative to the interpretation of the
Brown Act and the pUblic's right to speak.
14
2/1/93
council Member Hernandez made a motion, seconded by
Member Pope-Ludlam, to allow the public time to speak.
No vote was taken at this time.)
council
(Note:
Mayor Holcomb stated that a motion to refer is non-
debatable and therefore public speaking cannot take place.
city Clerk Rachel Clark asked to what meeting date of the
Legislative Review Committee would this item be referred to. A
meeting date was not determined at this time.
council Member Hernandez made a substitute motion, seconded
by council Member Miller, that the motion to refer the Ward
Valley low-level radioactive waste dump site to the Legislative
Review Committee be reconsidered.
The motion carried by the following vote: Ayes: Council
Members Hernandez, Minor, pope-Ludlam, Miller. Nays: Council
Members Reilly, Maudsley. Absent: Council Member Estrada.
Mayor Holcomb vetoed the motion
Ward Valley low-level radioactive
Legislative Review Committee.
to reconsider referring the
waste dump site to the
REFER THE ISSUE OF RAILROAD WHISTLE NOISE TO THE
LEGISLATIVE REVIEW COMMITTEE (S-l)
~
In a memorandum dated January 28, 1993, Council Member Ralph
Hernandez requested that the issue of railroad whistle noise in
the City be referred to the Legislative Review Committee for
consideration.
Mark Heston,
requested that the
Committee with the
Pasadena be used as
155 Manchester Lane, San Bernardino, CA,
item be referred to the Legislative Review
understanding that the ordinance from South
a blueprint.
Council Member Hernandez made a motion, seconded by Council
Member Minor, that the issue of railroad whistle noise in the
City of San Bernardino be referred to the Legislative Review
Committee for consideration.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Minor, Miller. Nays: Council
Maudsley, Pope-Ludlam. Absent: Council Member Estrada.
Council
Members
RECESS MEETING
At 10:35 a.m., the regular meeting of the Mayor and Common
Council recessed to 11:00 a.m. in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
15
2/1/93
RECONVENE MEETING
At 11:03 a.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "D" street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Rachel Clark. Absent: Council
Member Estrada; and city Administrator Shauna Clark.
WARD VALLEY LOW-LEVEL RADIOACTIVE WASTE DUMP (Discussed
earlier in the meeting) (See page 13) (28)
Mayor Holcomb requested that interested parties contact his
office regarding this matter so that a public hearing could be
scheduled in the evening to allow the public an opportunity to
address this issue.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:05 a.m., Chairman Holcomb called the regular meeting
of the community Development Commission to order in the Council
Chambers of city Hall, 300 North "D" Street, San Bernardino,
California.
RES. 93-27 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO DESIGNATING A SURVEY AREA
IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT LAW
(NORTH END STUDY AREA). (R-7)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that the Mayor and Common Council rescind
Resolution No. 85-175 which established a North End Redevelopment
Study Area; and that said resolution be adopted.
Resolution No. 93-27 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
RES. 93-28 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING PRIOR APPOINTMENTS TO THE MAIN STREET
ADVISORY BOARD. (R-9)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 93-28 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
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RES. 93-29 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MT.
VERNON HARDWARE. (R-l0)
Council Member Minor made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 93-29 was adopted by the fOllowing vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At this time, the Mayor and Common council, acting as the
Community Development Commission, took action on Community
Development Commission items. There was no further action taken
on Mayor and Common Council items during this portion of the
meeting.
RECESS MEETING
At 11:58 a.m., the regular meeting of the Community
Development Commission recessed to a luncheon workshop in the
Management Information Center, MIC Room, sixth Floor, City Hall,
300 North "D" street, San Bernardino, California, to discuss the
revitalization strategy for the Arden-Guthrie Focus Neighborhood
project.
RECONVENE MEETING - LUNCHEON WORKSHOP - ARDEN-GUTHRIE
FOCUS NEIGHBORHOOD PROJECT (R-ll)
At 12:00 p.m., the Mayor and Common Council reconvened in
the Management Information center, MIC Room, sixth Floor, city
Hall, 300 North "D" Street, San Bernardino, California, to
discuss the Arden-Guthrie Focus Neighborhood project.
ROLL CALL
Roll Call was taken by Deputy City Clerk Cordova with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Pope-Ludlam, Miller; Senior Assistant City Attorney
Barlow, Deputy City Clerk Cordova, City Administrator Shauna
Clark. Absent: Council Members Estrada, Maudsley, Minor.
Also present were: Fred Wilson, Assistant City
Administrator; Tim steinhaus, Agency Administrator, Economic
Development Agency; Kenneth J. Henderson, Executi ve Director;
John Hoeger, Project Manager, Economic Development
Agency/Development Department; Wayne Tully, Principal; Faye
Porter, Coordinator, Emmerton School and Joy Reynolds, San
Bernardino Unified School District.
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2/1/93
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At this time, the Mayor and Common Council, acting as the
Community Development Commission, took action on community
Development Commission items. There was no further action taken
on Mayor and Common Council items during this portion of the
meeting.
COUNCIL MEMBER MAUDSLEY ARRIVED
At 12:15 p.m., Council Member Maudsley arrived at the
luncheon workshop.
CITY ATTORNEY PENMAN ARRIVED
At 12:40 p.m., city Attorney Penman arrived at the luncheon
workshop.
SENIOR ASSISTANT CITY ATTORNEY MORILLO ARRIVED
At 12:45 p.m., Senior Assistant city Attorney Morillo
arrived at the luncheon workshop.
CITY ADMINISTRATOR CLARK EXCUSED
At 1:35 p.m., City Administrator Shauna Clark left the
luncheon workshop.
COUNCIL MEMBERS POPE-LUDLAM & MILLER EXCUSED
At 1:49 p.m., Council Members Pope-Ludlam and Miller left
the luncheon workshop.
COUNCIL MEMBER MAUDSLEY EXCUSED
At 1:51 p.m., Council Member Maudsley left the luncheon
workshop.
RECESS LUNCHEON WORKSHOP
At 1:56 p.m., the luncheon workshop recessed to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 2:18 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the city of San Bernardino in
the Council Chambers of city Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll Call was taken by Deputy City Clerk Cordova with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Pope-Ludlam, Miller; Deputy City Attorney
Empeno, Deputy City Clerk Cordova. Absent: Council Members
Estrada, Minor; City Administrator Clark.
PUBLIC HEARING - PARADISE HILLS SPECIFIC
GENERAL PLAN AMENDMENT NO. 91-07
AGREEMENT NO. 91-03 - 504 SINGLE-FAMILY
PLAN 90-03,
DEVELOPMENT
HOMES ( 2 9 )
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2/1/93
This is the time and place set for a public hearing to
consider approval of Specific Plan No. 90-03 (Paradise Hills
specific Plan), General Plan Amendment No. 91-07 and Development
Agreement No. 91-03 for the development of a maximum of 504
single-family homes on 404 acres, a five (5) acre pUblic park and
approximately 189 acres of open space.
In a memorandum dated December 18, 1992, Al Boughey,
Director of Planning and Building Services, stated Specific Plan
No. 90-03 is a general policy document that would further refine
and implement the General Plan policies applicable to the project
area. The specific Plan does this by establishing goals,
objectives, policies, and standards which form the framework for
the orderly development of the project site. The plan includes
provisions, standards and policies for access and circulation,
land use and unit density transfer, public safety and public
services, parks and open space, landscaping, and community
design.
General Plan Amendment No. 91-07 would change the present
RL, Residential Low land use designation of the 110 acres of the
project located outside of the Hillside Management Overlay
District (HMOD) to the RS, Residential Suburban land use
designation. The Residential Suburban land use designation would
permit a smaller minimum lot size (7,200 square feet) and a
greater density (4.5 units per acre) than the Residential Low
land use designation (10,800 square feet minimum lot size and
3.1 units per acre density).
The purpose of the General Plan Amendment is to create a
receiving area within the limits of the project site to accept
the transfer of residential units from the HR, Hillside
Residential areas of the Specific Plan. The benefit of creating
such a receiving area is that potentially fewer residential units
would be builtin the steeper, more environmentally sensi ti ve
hillside areas of the project site.
Development Agreement No. 91-03 would help implement the
Paradise Hills Specific Plan.
The Environmental Impact Report identifies four impacts
which remain significant as a result of the Specific Plan
implementation which consists of regional air quality, biological
resources, area jobs/housing balance (population) and solid
waste. The City cannot approve the project given the significant
impacts identified by the EIR unless it makes one or more written
findings and prepares Statements of Overriding Consideration for
each of the significant effects.
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2/1/93
On November 17, 1992, the Planning Commission found the
Environmental Impact Report adequate and recommended
certification subject to the condition that additional survey
work related to biological impacts be required prior to the
approval of development and meet the requirements for compliance
with established California Environmental Quality Act and
California Department of Fish and Game Guidelines for biological
mitigation.
The Planning commission recommended that the Mayor and
Council certify the EIR subject to the condition that additional
biological survey work be completed for the entire site prior to
the approval of any phase of development; approve Specific Plan
No. 90-03 and General Plan Amendment No. 91-07; and approve
Development Agreement No. 91-03 in concept and require the
applicant to revise the Development Agreement to make clear that
the 504 units are theoretical maximum, and to include the
acquisition and construction of Pepper-Linden as previously
discussed with the applicant.
Discussion ensued regarding Specific Plan 90-03, General
Plan Amendment No. 91-07 and Development Agreement No. 91-03.
Council Member Maudsley made a motion, seconded by Council
Member Hernandez, that the public hearing relative to Paradise
Hills Specific Plan 90-03, General Plan Amendment No. 91-07 and
Development Agreement No. 91-03 to establish the framework for
the development of a maximum of 504 single-family homes on 404
acres, a five (5) acre public park and approximately 189 acres of
open space be continued to February 15, 1993, in the Council
Chambers of city Hall, 300 North "D" street, San Bernardino,
California.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Miller. Nays:
Member Pope-Ludlam. Absent: Council Members Estrada and
Council
Council
Minor.
RELOCATION OF THE SOCIAL SECURITY BUILDING.
earlier in the meeting) (See page 12)
(Discussed
(25)
This is the time and place continued to from earlier in the
meeting to consider discussion and possible action relative to
the relocation of the social security building.
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that discussion and
possible action relative to the relocation of the social security
building be continued to February 15, 1993, in the Council
Chambers of City Hall, 300 North "D" street, San Bernardino,
California.
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ADJOURNMENT (30)
At 2:28 p.m., Council Member Miller made a motion, seconded
by Council Member Hernandez, and unanimously carried, that the
meeting be adjourned to Monday, February 15, 1993, at 8:30 a.m.,
in the Council Chambers of city Hall, 300 North liD" street, San
Bernardino, California.
RACHEL CLARK
City Clerk
No. of Items: 45
No. of Hours: 6
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